Identity Theft:Requests For Admissions to Furnisher/Duped

David A. Szwak

Identity Theft:Requests For Admissions to Furnisher/Duped

Postby David A. Szwak » Fri Oct 14, 2005 11:51 am

UNITED STATES DISTRICT COURT
IN AND FOR THE WESTERN DISTRICT OF LOUISIANA
Shreveport Division

JOHN MARANTO,
Plaintiff,

Versus Civil Action No.
CV05-0342-S
TARGET NATIONAL BANK, JURY DEMANDED
Defendant.

REQUESTS FOR ADMISSIONS OF FACTS
Plaintiff, JOHN MARANTO, respectfully submits the following requests for admissions
of facts to defendant [“you”], as follows:

REQUEST FOR ADMISSION NUMBER 1:
That on December 21, 2003, an impostor filled out a credit application with you and, in the process of your review, you accessed plaintiff’s Equifax credit report in connection with the application for credit.

REQUEST FOR ADMISSION NUMBER 2:
That on December 21, 2003, you opened credit account, number 9-287-736-016-90, and
provided instant credit to the applicant based on the strength of plaintiff’s credit report and standing.

REQUEST FOR ADMISSION NUMBER 3:
That on December 21, 2003, you allowed the applicant to immediately make purchases on your account, number 9-287-736-016-90, and such purchases were posted by you to that account.

REQUEST FOR ADMISSION NUMBER 4:
That in early January, 2004, plaintiff told you that his identity had been stolen and he
provided you a police report copy.

REQUEST FOR ADMISSION NUMBER 5:
That on January 20, 2004, you sent plaintiff a billing statement in connection with the
account, number 9-287-736-016-90, and demanded that plaintiff pay the balance on the account which constituted the charges made by the applicant.

REQUEST FOR ADMISSION NUMBER 6:
That the January 20, 2004, invoice, regarding account number 9-287-736-016-90, was
sent by you to plaintiff at his address and listed plaintiff as the alleged debtor.

REQUEST FOR ADMISSION NUMBER 7:
That on January 22, 2004, plaintiff wrote you a detailed dispute letter advising you that his identity had been stolen, that you had opened a fraudulent account, number 9-287-736-016-90, for which he was not liable and that you should correct its records and not bill him or report information about him in connection with the fraud account, number 9-287-736-016-90, and fraud charges.

REQUEST FOR ADMISSION NUMBER 8:
That plaintiff also sent a fraud affidavit copy with the letter of January 22, 2004.

REQUEST FOR ADMISSION NUMBER 9:
That on February 17, 2004, plaintiff received his Trans Union credit report and the report
listed your account, number 9-287-736-016-90, and attributed that account to plaintiff, as
reported by you.

REQUEST FOR ADMISSION NUMBER 10:
That over the months that followed February, 2004, plaintiff made phone calls to you in an effort to have the fraud account, number 9-287-736-016-90, corrected and his identity removed from the account and your credit reportings removed from his various credit reports.

REQUEST FOR ADMISSION NUMBER 11:
That you billed plaintiff intermittently and approximately on a monthly basis despite
plaintiff’s continued disputes and, in each such billing, you sent plaintiff billings and
communications.

REQUEST FOR ADMISSION NUMBER 12:
That you never even acknowledged plaintiff’s January 2004 dispute until March 16, 2004, but you later decided to dismiss plaintiff’s disputes and continue collection efforts against plaintiff.

REQUEST FOR ADMISSION NUMBER 13:
That on April, 2004, rather than acknowledge the identity theft dispute, you treated plaintiff’s dispute as an impermissible charge [on a valid account] dispute, which is an entirely different type of dispute from identity theft/application fraud.

REQUEST FOR ADMISSION NUMBER 14:
That as of January 14, 2005, you were reporting the fraud account with an alleged
$367.00 balance and reporting the account, number 9-287-736-016-90, as a charged off collection account to all of the national credit reporting agencies, Equifax, Experian and Trans Union, and attributing the fraud account, number 9-287-736-016-90, negative credit rating and charges to plaintiff.

REQUEST FOR ADMISSION NUMBER 15:
That Plaintiff’s credit reports listed your account, number 9-287-736-016-90, and that
false, negative reporting was a substantial factor in bringing about credit denials to plaintiff.
Respectfully submitted,
Bodenheimer, Jones, Szwak & _, LLP


By: ___________________________________
David A. Szwak, La.BR #21157, TA
416 Travis Street, Suite 1404
Mid South Tower
Shreveport, Louisiana 71101
(318) 424-1400
FAX 221-6555
www.bjswlaw.com
Counsel for Plaintiff

CERTIFICATE OF SERVICE
I hereby certify that a copy of the above and foregoing has been served upon opposing counsel of record by placing a copy of same in the United States Mail, properly addressed and first class postage pre-paid on this the ______ day of __________________, 2005.

____________________________________
OF COUNSEL

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